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After losing a loved one due to the negligence of someone else, you may face substantial financial difficulties as well as emotional trauma. At the Law Office of Jose R. Fernandez, P.A., our team of top wrongful death attorneys are deeply understanding of your situation. We will help you recover compensation that can lessen the financial burden and help you move forward as you recover from your loss.
When an individual dies due to the negligence or misconduct of another, the surviving family members are able to seek monetary damages to compensate for their lost financial and emotional support. In the state of Florida, any relative who depended on the deceased for financial or emotional support can file a suit (including spouses, children, parents, other relatives, and adoptive siblings). With that said, there is a time limit to file a wrongful death suit in Florida. As such, it’s important to contact a wrongful death attorney for counsel as soon as possible. Though taking legal action may be the last thing on your mind as you come to terms with your loss, we encourage you to act quickly to preserve your ability to file a suit.
Since the circumstances that may lead to wrongful death are of a great variety, the statistics reported in the U.S. are shocking. For example, in Florida, medical malpractice alone is shown to cause each year over 10,000 deaths. Over 3 million injuries per year result from transportation accidents and an estimated number of 40,000 are fatal. Statistics show that nearly 800 children die each year in the U. S. in motor vehicle crashes. Statistics also report 12,000 yearly injuries that lead to over 100 deaths involving school buses. As published by the US Coast Guard, about 8,000 boating accidents occur each year and over 700 are fatal. The construction industry accounts for the highest total of worker deaths with 937 deaths annually.
There are very few things in life that are more difficult than the sudden loss of a loved one due to an accident. The sudden or accidental loss of a family member or loved one affects a family over a lifetime. Even though no amount of money can ever replace a loved one, a wrongful death claim may help the affected families get compensation for their losses and consequences. When someone dies due to the negligence of another, a defective product, a criminal act or when the victim dies before trial, few attorneys don’t understand how the available solutions may differ. Careful analysis by an experienced wrongful death lawyer is essential when deciding to file a claim.
Apart from feelings of grief, shock, and sadness, people may also face unexpected financial problems due to lost earnings of the deceased, medical bills, and funeral expenses. If a loved one’s death was generated by recklessness, negligence, or intentional act of another, family members can get compensated for their pain, suffering and monetary losses by filing a wrongful death claim against the guilty party.
In Florida wrongful death cases are based upon a certain statute adopted by the Legislature of the U.S. State of Florida. Florida Statutes 768.21 states that a lawsuit for a wrongful death claim can only be brought by the personal representative of the deceased person’s estate and on behalf of the survivors.
The damages or monetary recovery potentially available to the estate of a victim includes:
- Loss of earnings
- Medical bills post-incident
- Funeral bills
Florida’s wrongful death statute has complex rules with numerous exceptions and exclusions.
For a free consultation, please call us at the Law Office of Jose R. Fernandez, P.A.
Miami (305) 403-4422
Tallahassee (850) 577-0023